Renunciation of citizenship. What is this procedure in Kazakhstan?

Dual citizenship is prohibited in Kazakhstan, therefore, when citizens of our country decide to move abroad, they face two main bureaucratic tasks: the need to obtain citizenship of the country where they plan to live further, and the requirement to renounce Kazakhstan citizenship. Since each state has its own procedure for obtaining citizenship, there can be practically no universal recommendations in this matter.

Informburo.kz will tell you what renunciation of Kazakh citizenship is, how it is carried out and whether it is necessary to do it in order to leave for permanent residence in another country. In addition, there are a number of cases in which the state has the right to refuse a person renunciation of citizenship. The material was prepared on the basis of data presented on the E-Government website and obtained through expert consultations with lawyers.

What is renunciation of citizenship?

Renunciation of citizenship in world practice is a person’s right to terminate civil relations with the state of which he is a citizen. To do this, he just needs to submit a petition to the relevant government authorities.

According to Kazakh legislation, if a citizen permanently resides in the territory of our state or is temporarily in the territory of another country, applications on this issue must be addressed to the migration service units at the place of registration in Kazakhstan. If a Kazakh citizen is deregistered with the internal affairs bodies of our country, then he should contact the consular offices of the country where he directly resides.

Common mistakes on the topic “Application for renunciation of Kazakhstan citizenship”

Error: A Kazakh citizen who has submitted documents to renounce citizenship of the Republic of Kazakhstan believes that a minor child is not required to consent to renounce citizenship of the Republic of Kazakhstan.

In fact, each of the applicant’s children aged 14 to 18 years is required to submit a written consent to renounce citizenship of the Republic of Kazakhstan (the document is then certified by a notary). Indeed, consent is not required from children under 14 years of age.

Error: A woman, a citizen of Kazakhstan, divorced her husband, a citizen of Kazakhstan, and filed documents to renounce citizenship for herself and the child she shared with her ex-husband without the knowledge of the child’s father.

If documents for renunciation of citizenship of the Republic of Kazakhstan are submitted by one of the parents for themselves and the child, the consent of the second parent is required (written, certified by a notary).

What is the procedure for renouncing citizenship?

The form of application for renunciation of Kazakhstani citizenship for those who write it on the territory of our country and for those who are outside its borders is somewhat different. The fundamental difference is that if in the first case the application is addressed to the territorial unit of the migration police with its name indicated in the header, then in the second case the application is written directly to the President of Kazakhstan. Otherwise, the documents differ slightly - the citizen is required to provide a reasoned statement of the motives that prompted him to make such an application.

In both cases, there are a number of additional requirements that must be met when applying for renunciation of citizenship.

The application to the migration police should be accompanied by:

• application form;
• autobiography compiled in any form;
• 3 photographs measuring 3.5 x 4.5 cm;
• copies of children's birth and marriage certificates;
• a certificate from the territorial department of defense affairs regarding the exemption of a person of military age from active military service;
• a certificate from the place of work, study, and for unemployed persons - a territorial body of the Committee for the Execution of Judicial Acts of the Ministry of Justice of the Republic of Kazakhstan on the presence or absence of unfulfilled obligations to the state or property obligations related to the interests of citizens, government bodies and organizations, regardless of the form of ownership;
• a notarized statement from the spouse or dependent parents about the absence of financial and other claims;
• document confirming payment of state duty or exemption from payment.

When submitting an application for renunciation of citizenship at the migration service departments, the applicant is required to provide a receipt stating that he is familiar with the conditions and consequences of renunciation of citizenship.

The application to the migration police must be accompanied by:

• application form in 2 copies;
• autobiography, compiled in any form in 2 copies;
• 3 photographs measuring 4 x 5 cm;
• copies of children's birth and marriage certificates;
• document confirming payment of the consular fee.

It is not recommended to send documents on renunciation of citizenship to the consulate by mail. They must be submitted in person or through a representative with a notarized power of attorney.

As a result of consideration of the application on paper, a certificate of renunciation of citizenship of the Republic of Kazakhstan or a reasoned response of refusal is issued.

List of documents for renunciation of Kazakhstani citizenship

Important! An application for renunciation of citizenship of the Republic of Kazakhstan and accompanying documents must be submitted to foreign institutions in person by persons wishing to formalize the renunciation of citizenship of the Republic of Kazakhstan (submitting documents by power of attorney is prohibited; papers will not be accepted for consideration).

The official website of the Embassy of Kazakhstan in the Russian Federation provides the following list of documents that must be collected to submit an application to renounce citizenship of the Republic of Kazakhstan:

Important! A complete package of documents must be submitted for each member of the applicant’s family. In this case, age does not matter.

“The renunciation of the citizenship of the Republic of Kazakhstan may be denied if the person applying for renunciation has unfulfilled obligations to the Republic of Kazakhstan or property obligations that are associated with the significant interests of citizens and enterprises, institutions and organizations, public associations located on the territory of the Republic of Kazakhstan.” .

Information taken from para. 2 tbsp. 20 “Resignation from citizenship” of the Law of the Republic of Kazakhstan dated December 20, 1991 “1017-XII “On citizenship of the Republic of Kazakhstan”

Read also:  Where to put an apostille on a birth certificate?

To whom does the state have the right to refuse renunciation of citizenship?

After a citizen submits an application, the law provides for a procedure for considering the application, the maximum period of which should not exceed 6 months. Law enforcement, national security, and diplomats, within the scope of their areas of activity, check whether there are grounds for denying the submitted application. The reason for the ban may be:

• outstanding criminal record;
• status of an accused or witness with a written undertaking not to leave the place;
• the presence of circumstances in which the fact of a particular citizen’s renunciation of citizenship is contrary to the interests of state security. For example, a person is familiar with state secrets or other information classified as “secret”.
• the presence of unfulfilled obligations to the state or property obligations with which the interests of other citizens and organizations are associated. Here we are talking, among other things, about various types of debts from taxes to alimony payments, as well as failure to fulfill certain obligations under contracts.

After collecting and checking all documents submitted to the migration service department, all materials are sent to the Office of the President of the Republic of Kazakhstan to make a reasoned decision.

Where to apply for renunciation of citizenship

You can submit an application for renunciation of citizenship in Kazakhstan at the territorial division of the migration police under the Ministry of Internal Affairs at your place of permanent residence.

A citizen living in Russia should contact the consular department of the Embassy of Kazakhstan

In both cases, the applicant must do this in person or through a representative. Remote methods of submitting an application are not considered, because government officials must make sure that the decision to renounce citizenship of the Republic of Kazakhstan was made by the citizen voluntarily, without outside pressure.

What are the dangers of the “failure to fulfill obligations” clause?

There are many potential situations for its use. Taking into account the imperfections of the bureaucratic system, unexpected news about allegedly unpaid taxes or fines has more than once caught Kazakhstanis at the most inopportune moments. Renunciation of citizenship is no exception. However, there is one more unpleasant circumstance that can seriously complicate the life of those moving. The textbook situation shown in the famous Soviet film “Inter-Girl,” when the father of the main character, who abandoned his family many years ago, suddenly declares his right to prohibit his daughter from traveling abroad, is still relevant for Kazakhstan today.

As we have already said, according to the legislation of the country, a citizen is obliged to submit to the authorized body, along with an application, a notarized document stating that the spouse, as well as dependent persons, do not have material or other claims against him. Thus, in order for Kazakhstanis to get the required signature from a parent who has never raised them, they often have to find him, since connections between such relatives are lost. If a citizen believes that these claims from a parent are not justified, he can only challenge them in court, which, of course, will require additional time and expenses.

Renunciation of citizenship of citizens living on the territory of the Republic

The procedure for renunciation of citizenship is determined by the Rules for the acceptance, registration and consideration by internal affairs bodies of petitions (applications) on issues of admission to citizenship of the Republic of Kazakhstan and restoration of citizenship, including in a simplified (registration) procedure, renunciation of citizenship, loss, deprivation of citizenship and determination of affiliation to citizenship of the Republic of Kazakhstan (hereinafter referred to as the Rules).

In accordance with paragraph 32 of the Rules, citizens permanently residing on the territory of the Republic of Kazakhstan submit the relevant information addressed to the President to the internal affairs body of the Republic of Kazakhstan at their place of permanent residence.

The application is drawn up in any form and must be accompanied by the following documents:

• application form in the prescribed form;
• autobiography;
• 3 photographs measuring 3.5 x 4.5 cm;
• copies of identity documents, child birth and marriage certificates;
• a certificate from the place of work, study, as well as from the territorial body of enforcement proceedings on the presence or absence of unfulfilled obligations to the state or property obligations related to the interests of citizens, government bodies and organizations, regardless of the form of ownership;
• a certificate from the territorial department for defense affairs about the release of a person of military age from active military service or the impossibility of release;
• a document confirming payment of the state duty or exemption from its payment (according to Article 613 of the Tax Code of the Republic of Kazakhstan, the duty is 1 MCI);
• a notarized statement from the spouse/ dependents of the applicant stating that they have no material or other claims against the applicant;
• notarized copies of documents on divorce, death of one of the parents, adoption, guardianship and trusteeship (decision of the relevant local executive body), deprivation of parental rights, payment of alimony.

If both parents are citizens of Kazakhstan and one of them renounces citizenship while simultaneously applying for the renunciation of citizenship of a minor child, then a notarized statement of the other parent is submitted, which expresses his attitude towards the child’s renunciation of citizenship of the Republic of Kazakhstan.

When issuing an application form, the applicant is explained the legal and other consequences of his loss of citizenship, about which a corresponding entry is made in a certificate in the prescribed form attached to the materials and signed by the applicant.

Document review period

In accordance with paragraph 11 of the Rules, the period for consideration of petitions (applications) in district, city internal affairs bodies, DP, Ministry of Internal Affairs of the Republic of Kazakhstan and state bodies of the Republic of Kazakhstan is one month in each of these bodies, and in total - 6 months.

Result of service provision

Certificate of renunciation of citizenship, or a reasoned response to the refusal to provide a public service.

Is it necessary to renounce citizenship to move to another country?

To move to another state, it is not at all necessary to renounce Kazakh citizenship. If a person decides to live in another country, he needs to formalize the so-called departure for permanent residence abroad and thereby deregister in Kazakhstan. This procedure is quite enough to allow you to live abroad for an unlimited amount of time without losing your Kazakh citizenship. However, this option is often suitable only for those who are satisfied with the living conditions in another state as a non-citizen or if these people definitely plan to return to their homeland.

But even after relinquishing citizenship, it is not necessary to leave Kazakhstan. A person has the right to live on the territory of the state for as long as he wants, however, in this case he needs to decide on his new status. If a person becomes simply a stateless person, then he does not need to leave the country, but in order to obtain a residence permit, he must first become a citizen of another country, and first go to it, obtain permission to reside in Kazakhstan, and only then return.

Procedure for renouncing Kazakh citizenship in Russia

When a person plans to move for permanent residence to another state and is thinking about giving up a republican passport, he contacts:

• to the migration police department at the place of registration in the Republic of Kazakhstan;
• to the embassy or consulate in the host country.

Conditions for renunciation, right to renounce citizenship

At the time of sending the documentation for renunciation of citizenship, the candidate will need to sign a receipt that will confirm the fact of his awareness of the rules, as well as the consequences of losing his status as a citizen of the Republic of Kazakhstan. In addition, the document must contain information about the obligation to return the passport of a citizen of Kazakhstan to the police department for migration issues.

Kazakh internal affairs bodies send a request regarding the applicant to the legal statistics bodies at the Prosecutor General's Office and its branches. The purpose of this procedure is to establish whether there are criminal cases against the applicant, whether he has served a sentence under court sentences and whether he has been prosecuted. At the end, the police officer indicates the following information:

• about the presence or absence of any obligations to the state by the candidate;
• on bringing or not bringing the applicant to justice;
• about the fact that renunciation of the citizenship of Kazakhstan does not run counter to the interests of the state.

When all control procedures have been completed, the migration specialist sends the petition to the presidential office of the republic for consideration and a decision.

Important ! Persons of retirement age, in case of refusal of citizenship, have the right to withdraw the pension savings that belong to them. For this purpose, they will need to contact the PF office and send a request in the prescribed form.

Persons with Kazakh citizenship who permanently reside in Russia provide the following list of documents:

• a document confirming the acquisition of a different citizenship in the original;
• application for renunciation of Kazakhstani citizenship in two copies;
• criminal record certificate;
• application form in two copies;
• autobiography (written in free form);
• photographs 35*45 mm – 4 pieces;
• a passport with a mark on departure for permanent residence or a notification from the migration police in two copies;
• children's birth certificate (if available);
• documentation of legal stay on Russian territory;
• migration card in two copies;
• departure sheet in two copies.

Attention ! Renunciation of Kazakhstani citizenship involves payment of a fee in the amount of 100 MCI (monthly calculation indices). Renunciation of citizenship while staying outside the republic will also require payment of a fee; it can range from 30 to 300 US dollars.

Sample application

An application is a request to renounce citizenship and will contain the reason for this decision. The form is filled out in Russian or Kazakh in two copies and certified by the candidate.

A sample application for renunciation of Kazakhstani citizenship is available.

Where is the refusal sent?

Submit a document on exit to the police department for migration issues, in accordance with the place of residence in Kazakhstan. If the candidate lives in another country, he will need to send the document through the consulate or embassy of Kazakhstan in the territory of his state of residence.

In any case, the applicant does this personally or through an authorized representative. The application will not be considered remotely, since employees of government agencies are required to make sure that the person has voluntarily decided to renounce Kazakh citizenship, as well as that there is no pressure on him.

Can I withdraw my pension savings?

If a citizen of Kazakhstan, who has pension savings in the Unified Accumulative Pension Fund, has moved to another state for permanent residence, changed citizenship, or is a stateless person, then in accordance with current legislation, he has the right to receive his pension savings from the UAPF. Funds are not issued in cash, but are transferred to a current account in any second-tier bank in the country. In order to receive savings, you must provide documents to the UAPF confirming that you are actually changing citizenship. This is done in order to avoid attempts to withdraw funds from the UAPF by citizens who do not plan to move abroad.

Reasons for refusal to renounce Kazakhstan citizenship

The legislative norms of the republic contain a list of reasons that will entail refusal to renounce citizenship:

• if the candidate still has obligations to the state, its citizens or legal entities (property or other);
• if the person is under criminal prosecution, serving a sentence, or his renunciation of citizenship would entail a threat to the state;
• if the refusal is issued by the competent government authorities.

What to do in case of refusal

To approve the exit from Kazakhstan citizenship, the candidate will have to pay off all debts, claims from enterprises and fulfill outstanding obligations. If criminal proceedings are opened against a person, the candidate will first have to pay off the court penalty or lose the status of a suspect or accused in a criminal case.

A similar situation will occur if renunciation of citizenship entails a threat to the national security of Kazakhstan - first he will have to revoke this status.

Is it necessary to submit a Kazakh passport?

According to the law, a Kazakh citizen who has acquired the citizenship of a foreign state is obliged to report this fact to the internal affairs bodies or foreign agencies of the Ministry of Foreign Affairs of Kazakhstan, as well as surrender his passport or identity card within 3 working days. If this is not done, the person becomes a violator upon the fact that a passport or identity card of a citizen of the Republic of Kazakhstan is used by a person who has lost the citizenship of Kazakhstan, which entails a fine of up to 200 MCI (1 MCI – 2405 tenge). In order not to force yourself into a three-day time frame, lawyers recommend that before going to another country to obtain a passport, you must register in Kazakhstan for permanent residence abroad.

Renunciation of citizenship while outside the Republic of Kazakhstan

A person permanently residing abroad does not have to come to the Republic of Kazakhstan to submit documents to renounce citizenship.

The procedure for renouncing citizenship outside the Republic of Kazakhstan is regulated by the Rules for the acceptance, registration and consideration of applications on citizenship issues by foreign institutions of the Republic of Kazakhstan.

An application for exit addressed to the President of the Republic of Kazakhstan is submitted through the Kazakh consular office. The following documents must be attached to the application:

• application form of the established form;
• a self-written autobiography;
• 3 photographs measuring 3.5 x 4.5 cm;
• permission to leave for permanent residence, issued by the Department of Internal Affairs of the Republic of Kazakhstan;
• copies of birth and marriage certificates (if available);
• certificate of presence or absence of criminal record;
• a document confirming the possibility of obtaining foreign citizenship;
• document confirming payment of the consular fee;
• a notarized statement of consent to renounce citizenship and the absence of material and other claims from the applicant’s spouse or dependent persons living in Kazakhstan, or copies of their death certificates, a court decision declaring the citizen dead or missing.

In accordance with Article 21 of the Law “On Citizenship”, a person who is a citizen of the Republic of Kazakhstan and has acquired the citizenship of a foreign state, within 30 calendar days from the date of its acquisition, is obliged to report this fact to the internal affairs bodies or foreign agencies of the Republic of Kazakhstan and hand over the Kazakh passport .

Failure to report the fact of acquiring foreign citizenship within thirty calendar days entails administrative liability.

Service delivery period

In accordance with the State Standard, the period for providing the service is 6 months from the date of submission of the application and attached documents.

Result of service provision

Certificate of renunciation of citizenship of the Republic of Kazakhstan, or a reasoned response to the refusal to provide a public service.

Is it possible to become a citizen of Kazakhstan again?

A person who has once been a citizen of Kazakhstan can become one again. However, if previously the procedure for restoring citizenship was carried out in a simplified manner, since 2015 this possibility has been abolished. Now former citizens undergo the procedure for acquiring citizenship on a general basis. To restore Kazakh citizenship, you must submit an application addressed to the President of the Republic of Kazakhstan. Those who are located directly on the territory of the country must do this at the territorial divisions of the migration police at their place of permanent residence.

Abroad, the application is submitted to the diplomatic mission. The period for consideration of materials on applications for restoration of citizenship of the Republic of Kazakhstan in local internal affairs and national security bodies, consular offices, the Ministry of Foreign Affairs of the Republic of Kazakhstan and other authorized government bodies should not exceed one month in each of them, and in total - 6 months.

Application form for renunciation of Kazakhstani citizenship

The main document that will be carefully studied by the authorities to determine the reliability of the information presented in it is the application form for renunciation of citizenship of the Republic of Kazakhstan, presented in tabular form in a “question-and-answer” type. A Kazakhstani will need to answer the following 18 questions:

1. Last name, first name and patronymic (if any), which appear on the applicant’s identity card at the time of renunciation of citizenship.
2. List of all previously registered names, surnames and patronymics (if available):

• directly all previously available full names;
• when full name changes occurred (dd.mm.yyyy);
• where the name change was made (locality, government authority);
• reasons why you had to change your full name (for example, marriage, changing your full name at your own request).

1. Place and time of birth:

• dd.mm.yyyy of birth;
• region, district, city/village in Kazakhstan;
• country – if the citizen was not born on the territory of Kazakhstan.

1. Nationality of the applicant.
2. Family status:

• married;
• not married, single;
• divorced;
• widow (widower).

1. Residence address (the last one at which the applicant lived immediately before leaving abroad).
2. Last place of registration (according to documents, even if the applicant lived at a different address).
3. Last (before leaving abroad) place of study or work (full name of educational institution or employer, address).
4. Education, acquired specialty:

• full name of the educational institution;
• full address of the location of the university, academy, college, etc.;
• dd.mm.yyyy completion of training (diploma presentation).

1. Time, place and grounds for acquiring citizenship of the Republic of Kazakhstan (to be filled out only by those applicants who were previously a citizen of another state).
2. Cases of bringing to administrative or criminal liability in court (if any):

• reasons for bringing to administrative and/or criminal liability;
• time of court decisions on punishment (dd.mm.yyyy);
• authorities that initiated administrative or criminal penalties.

1. List of obligations unfulfilled at the time of filling out the form:

• before the Republic of Kazakhstan (on taxes, fees, fines, etc.);
• cases of access to state secrets of the Republic of Kazakhstan;
• before organizations (legal entities);
• before citizens of the Republic of Kazakhstan (individuals).

1. List of all places of study (in secondary, higher educational institutions), military service and work in chronological order (mm.yyyy, position, address of institution):

• the names of enterprises, organizations and institutions must be indicated as they were called at the time of work (service, study), even if the names have changed on the day of filling out the questionnaire;
• if the company had a code name (mailbox), it is necessary to enter it under this code name;
• completion of military service is indicated in accordance with the entries in the military ID (if the applicant served in military service);
• When indicating information about military service, you should indicate your rank and position.

1. List of close relatives (living in Kazakhstan or abroad) indicating the degree of relationship, full name, place and year of birth, place of work and position, country of residence and address of residence:

• parents (or single parent) or adoptive parents;
• natural and adopted children;
• brothers and sisters (full and half-blood);
• grandmother grandfather;
• grandchildren and granddaughters;
• spouse, spouse (if the spouse bears the husband's last name, the maiden name must also be indicated).

1. Information about the husband (wife) – full name and fact of registration of documents for renunciation of Kazakhstani citizenship (yes/no).
2. Citizenship of the husband (wife) if he (she) is not a citizen of the Republic of Kazakhstan.
3. Information about submitting a military ID when traveling abroad (if the citizen is liable for military service).
4. Contact details (full address, phone number).

After filling out the application form, the applicant is required to sign under the phrase “The legal consequences of renouncing the citizenship of the Republic of Kazakhstan have been explained to me (...).”

The application form can be downloaded from ⇒ link. The form is current and taken from the official website of the Embassy of the Republic of Kazakhstan in the Russian Federation.